For May 2025 Elections: Comelec cancels Rosal’s COC; Albay gov to appeal

By Rhaydz B. Barcia

LEGAZPI CITY --- Governor Noel Rosal is once again facing a tough political battle after the Commission on Elections (Comelec) Second Division ordered the cancellation of his certificate of candidacy (COC) for governor in the May 2025 midterm polls.

The decision stemmed from a petition filed by Adrian Loterte in October 2024 seeking to cancel Rosal’s COC, arguing that the governor was ineligible to run for public office following his dismissal by the Office of the Ombudsman.

In a 12-page decision penned by Commissioner Rey E. Bulay, presiding commissioner of the Comelec Second Division, the body ruled that Rosal made a false material representation in his COC by declaring under oath that he was eligible to run, despite being previously found guilty by the Ombudsman for grave misconduct and dismissed from service.

On June 18, 2024, the Ombudsman found Rosal guilty of grave misconduct, oppression, and two counts of conduct prejudicial to the best interest of the service, and imposed the penalty of dismissal. The Comelec noted that the Ombudsman’s ruling was final and executory.

Bulay cited Memorandum Circular No. 01, series of 2006, Section 7 of Rule 111, which states that decisions of the Ombudsman are immediately executory, even if a motion for reconsideration or petition for review is filed.

Consequently, the Comelec Second Division granted Loterte’s petition to cancel Rosal’s COC for the May 2025 elections.

“Wherefore, in view of the foregoing, the petition is hereby granted, and the certificate of candidacy of respondent Noel E. Rosal for governor of the province of Albay for the May 12, 2025 national and local elections is denied due course and/or cancelled,” Bulay stated.

However, Comelec Spokesperson Atty. John Rex Laudiangco clarified that the ruling is not yet final and executory, since Rosal can still appeal the decision before the Comelec en banc.

“The decision of the Second Division has yet to become final and executory. It cannot be implemented yet,” Laudiangco said during an online press briefing.

He added that Rosal has five days from receipt of the decision to file a motion for reconsideration with the Comelec en banc.

In a Facebook post, Governor Rosal said that a temporary restraining order (TRO) from the Supreme Court remains in effect.

“May TRO pa baga ang SC, pano man magpaluwas ang Comelec kaan? Remain calm tabi, division pa lang ito — appealable at hindi pa executory,” Rosal said.

(“There is still a TRO from the Supreme Court, so how could the Comelec release that decision? Please remain calm; this is only from the division, still appealable and not yet executory.”)

In an interview with Henry Maceda of DZGB Legazpi on October 24, Rosal confirmed he will file an appeal before the Comelec en banc. He urged Albayanos to remain calm and not be swayed by emotions, emphasizing that the case remains subject to appeal before the Comelec and the Supreme Court.

Rosal noted that the case filed by Loterte is similar to that of Josefino Valenzuela Dioquino, a broadcaster and barangay councilor of Pigcale, Legazpi City, and ally of the Ako Bicol Party-list.

He expressed confusion over why the Comelec released a decision on Loterte’s case despite the Supreme Court’s TRO in Dioquino’s complaint, which allowed him to run for governor. Rosal’s supporters described the new ruling as “double jeopardy.”

Rosal said the new Comelec ruling shows “blatant disrespect” toward the Supreme Court and the Albayanos who gave him an overwhelming mandate in the last election.

Before the 2025 national and local elections, the Supreme Court had issued a TRO in Rosal’s favor, allowing him to run while his disqualification case was pending. Following this, the Comelec allowed him to run and subsequently proclaimed him as Governor of Albay on May 13, 2025, despite opposition from former congressman Joey Sarte Salceda.

It may be recalled that the Court of Appeals (CA) earlier reduced the penalties imposed by the Ombudsman on Rosal and his wife, former Legazpi City Mayor Carmen Geraldine Rosal, from dismissal to suspension.

The CA downgraded Governor Rosal’s penalty to a one-year suspension, while the former mayor’s suspension was shortened to nine months, ruling that their acts, though improper, did not constitute grave misconduct or corrupt intent.

Despite another political storm, Rosal vowed to continue serving Albayanos and urged the public to stay calm amid the latest development.

Governor Noel Rosal (second from left) takes his oath before Supreme Court Associate Justice Joseph Y. Lopez on June 28, 2025. On October 23, 2025, the Commission on Elections Second Division ordered the cancellation of his candidacy. Rosal was previously removed from office in November 2022 following a separate disqualification case filed by Joseph Armogilla, a city council candidate in Legazpi City under the Ako Bicol Party-list.